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SUPREME COURT OF INDIA
J.S. Verma, S.P. Bharucha, JJ.
State of Andhra Pradesh - Petitioner
Versus
Election Commission of India and another - Respondents
W.P.(C) No. 260 of 1994
Decided On : 31-03-1994
Election Commission - Administrative Duties - The court discussed the Election Commission's administrative duties and functions at the State level, emphasizing the need to allay any fear in the mind of the petitioner-State about the extent to which governmental functions can be carried on without hindrance.
Fact of the Case:
The Election Commission assured the court that it is fully aware of the administrative duties and functions of constitutional functionaries at the State level and would make a statement to allay any fear in the mind of the petitioner-State.
Finding of the Court:
The court agreed to take up the matter on 4th April, 1994, based on the statement made by the Election Commission's counsel, indicating that the matter can stand over till that date.
Issues: The practical difficulties indicated by the State Government and the need for a statement from the Election Commission regarding the extent to which governmental functions can be carried on without hindrance.
Ratio Decidendi: The court's decision was influenced by the assurance from the Election Commission's counsel regarding making a statement to allay the petitioner-State's fears about the extent to which governmental functions can be carried on.
Final Decision: The matter was listed for 4th April, 1994 as the first item, based on the statement made by the Election Commission's counsel.
JUDGMENT :
1. Mr. G. Ramaswamy, learned senior counsel for the Election Commission of India submitted that the Election Commission is fully alive to the administrative duties and functions of the different constitutional functionaries at the State level and, therefore, a statement which may be sufficient to allay any fear in the mind of the petitioner-State about the extent to which the governmental functions can be carried on without any let or hindrance would be made and for that purpose the practical difficulties indicated by the State Government would be taken into account. Mr. Ramaswamy further submitted that such a statement on behalf of the Election Commission of India would be made on Monday, the 4th April, 1994 after seeking full instructions in the matter. Mr. Harish N. Salve, learned senior counsel for the petitioner submits that in view of the statement made by Mr. Ramaswamy, the matter may be taken up on 4th April, 1994, since it can stand over till that date.
2. The matter be listed on 4th April, 1994 as first item.
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